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(영문) 인천지방법원 2019.05.03 2018고합794
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 8, 2018, the Defendant: (a) committed indecent act by compulsion against the victim B on the part of the Defendant: (b) around January 21, 2018, the victim B (the 17-year-old age), an employee, was a bend, and (c) had the victim’s ambat with his/her own hand, with the intent to commit an indecent act against the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Around January 21, 2018, the Defendant committed indecent act by compulsion against the victim E by force on January 8, 2018, at the place specified in paragraph (1) (hereinafter “victim E”), who is an employee, brought drinking water to the Defendant, and tried to commit an indecent act against the victim, and used the victim’s knick with his own hand twice.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The statements made by each victim and each record recording of the statements made by each victim in the video recording storage CD;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment of a photo on the surface of a victim), investigation report (Attachment ofCCTV image);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. The fact that the defendant has no record of punishment for a sexual crime under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and that the registration of personal information alone seems to have the effect of preventing the recidivism of the defendant. In addition, the defendant's age, family environment, and the details and circumstances of the crime in this case.

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